The Charterers appealed a refusal to allow an appeal from a decision in an arbitration.
Held: The 1979 Act changed the situation fundamentally. The test was not just whether the decision was probably wrong, but the wider test allowed an appeal on a point of general public importance, provided only that the decision allowed of some doubt. Applications for leave should be written, and concise. The statutory criteria were not to be amplified by changing practice. The question here related to the need to exercise within a reasonable time, any right to withdraw from a charterparty in the event of war. A charterparty is a joint enterprise, and one party should not be left with a prolonged right to withdraw. There was no sufficient doubt in this case to allow leave to appeal to be given.
Judges:
Lord Justice Dyson, Lord Justice Rix, Lord Phillips MR
Citations:
Times 31-Dec-2002
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Pioneer Shipping Ltd v BTP Tioxide Ltd (‘The Nema’) HL 1982
There is no fetter on the judicial discretion to refuse leave under Section 1(3)(b) to appeal against an arbitration award.
Frustration of a contract is ‘not likely to be invoked to relieve contracting parties of the normal consequences of . .
Lists of cited by and citing cases may be incomplete.
Arbitration, Transport
Updated: 12 April 2022; Ref: scu.178558